13-4408. Pretrial notice

243 words·~1 min read·/az/title-13/13-4408

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Within seven days after the prosecutor charges a criminal offense by complaint, information or indictment and the accused is in custody or has been served a summons, the prosecutor's office shall give the victim notice of the following:

1. The victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation and court rule.

2. The charge or charges against the defendant and a clear and concise statement of the procedural steps involved in a criminal prosecution.

3. The procedures a victim shall follow to invoke the victim's right to confer with the prosecuting attorney pursuant to section 13-4419.

4. The person within the prosecutor's office to contact for more information.

5. The victim's right to request a preconviction restitution lien pursuant to section 13-806.

B. Notwithstanding subsection A of this section, if a prosecutor declines to proceed with a prosecution after the final submission of a case by a law enforcement agency at the end of an investigation, the prosecutor, before the decision not to proceed is final, shall notify the victim, whose information has been provided to the prosecutor pursuant to section 13-4405, and provide the victim with the reasons for declining to proceed with the case. The notice shall inform the victim of the victim's right on request to confer with the prosecutor before the decision not to proceed is final. This notice applies only to violations of a state criminal statute.